About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 Int'l J. Advanced Legal Stud. & Governance 75 (2011)
Right to Freedom of Expression and the Law of Defamation in Nigeria

handle is hein.journals/ijalsg2 and id is 75 raw text is: RIGHT TO FREEDOM OF EXPRESSION AND THE LAW OF DEFAMATION IN NIGERIA Imo J. Udofa Department of Public Law, Faculty of Law University of Uyo, Uyo, Akwa Ibom State, Nigeria ABSTRACT Section 39(1) of the 1999 Constitution of Nigeria guarantees freedom of expression as afundamental right. This right is also guaranteed under the United Nations Declaration of Human Rights and other international human rights instruments. Provisions are also made in the Constitution and the respective International Instruments for restriction to, and derogation from this right. This study examined the extent to which the law of defamation has restricted freedom of expression in Nigeria and the role of the courts in balancing the two conflicting rights and interests. It was concluded that the legal requirements for proving civil defamation and the availability of defences have made it difficult for this tort to impose any meaningful restriction on the right to freedom ofexpression in Nigeria. However, criminal defamation and the offence of sedition are serious encroachments on freedom of expression and should be reviewed and reformed or expunged from the statute books. Keywords: Freedom of expression, Law of defamation, Constitution, Human right INTRODUCTION Freedom of expression is one of the fundamental rights, which are universally recognised and protected. Indeed, the Constitutions of most countries of the world, including Nigeria1, have expressly provided for the protection of this right because of its importance and relevance to the enhancement of personal liberty and democracy. The right to freedom of expression is also protected under the Universal Declaration of Human Rights and the various regional Instruments and Conventions on human rights, including the African Charter on Human and Peoples Rights2. Obligations and duties are imposed on the State or its agencies and on individuals to protect and promote human rights and fundamental freedoms. However, the right to freedom of expression, like most other rights, is not absolute. There are recognised restrictions and exceptions to this right; one of which is to be found in the law of defamation. Thus, the enjoyment of the right to freedom of expression must take into consideration the right of other citizens to protect their reputation. The courts therefore have an important role to play in balancing the conflicting interests between freedom of expression and protection of reputation. This article aims at examining the legal and constitutional guarantee of the right to freedom of expression in Nigeria and the extent to which the law of defamation has restricted the enjoyment of this right. The effectiveness of the Nigerian courts in striking an acceptable balance between the two conflicting rights and interests in this regard is also examined. International Journal of Advanced Legal Studies and Governance, Vol.2, No. 1, April 2011 75

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most